1933315 (Refugee)

This matter concerned an application for a Protection Visa by an applicant from South Africa. The applicant, an elderly Afrikaner Christian woman, claimed she faced persecution in South Africa due to her race and religion, and also claimed she would suffer significant harm if returned to South Africa under the complementary protection provisions. The court was required to determine whether there was a real chance the applicant would be persecuted for one of the five prescribed reasons under section 36(2)(a) of the Act, or, alternatively, whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of her removal to South Africa, she faced a real risk of suffering significant harm under section 36(2)(aa) of the Act.

The court considered the applicant's claims of xenophobic violence, including an incident where she was held at gunpoint in a church with no effective police assistance. It also took into account country information and guidelines prepared by government departments. The court reasoned that the applicant's membership in the particular social group, defined as a white female facing legislative discrimination and lacking support in South Africa, was a relevant consideration. The court found that the Tribunal had failed to adequately consider whether effective protection measures were available to the applicant in South Africa.

Consequently, the court remitted the decision under review to the Tribunal for reconsideration.